Q: HoA sent all docs, notices, statements and assessments to wrong address.Can they claim late fees, collection charges ?
I bought a home in April 2016, knew had HoA and their dues were cleared by title company at closing. They sent copy of deed to HoA which had the address of owner different than the property address. For 2017, HoA sent all correspondence to the property address, where tenant recvd the statements but did not inform owner. Since then, I have paid the annual HoA fees plus late fees and some estimated interest, however HoA is still demanding additional 70% of the fees as charges. They are not talking and don't seem to want to resolve the case amicably until the balance is zero. Should I clear the balance and then claim refund or not pay and wait for their next action ? If I don't pay, what steps can HoA legally take ?
Thanks for your considered guidance.
A: I'm sorry to say ... many HOAs don't negotiate repayment. Why? Because they don't have to. HOAs dues are hard to defend because the documents are on public record and at the date of purchase, you are presumed to have notice that you have to pay and that late fees, interest and costs accumulate if you don't. All of these provisions are part of the Declarations for your community. I would recommend clearing up your account as soon as possible. Technically, what you pay goes to the oldest obligation and is typically applied to the "extras" first, such as late fees, interest and any costs. You may be intending to pay for 2017, but your account may still show that you owe for 2016 if you haven't fully paid what is due and they could lien your property and foreclose, which will cause you to incur more fees and costs. Best of Luck! Jennifer
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A: I agree the HOA has no duty to negotiate with you and they commonly dont as it would be selective enforcement of the governing docs/rules if they gave you a break and not someone else on their dues. The property address is not the wrong address for notice merely because you have a tenant. It is your duty to update your mailing address in writing with them if you do not live in the property. If you dont pay the HOA will file a lien and likely move to foreclose on your house.
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